What To Expect From Federal Cybersecurity Policy In 2025

There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

How Decline Of Deference Will Affect Trump Policymaking

An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

Series

Ohio Banking Brief: All The Notable Legal Updates In Q4

Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

6 Predictions For Cyber Risk And Insurance In 2025

This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

7 Ways 2nd Trump Administration May Affect Partner Hiring

President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

Opinion

Courts Must Curb The Drug Price Negotiation Program

The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

E-Discovery Quarterly: Rulings On Custodian Selection

Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

Opinion

Section 230 Debates Will Continue, With Or Without TikTok

Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

Surprise NC COVID Ruling Revises Reasonable Expectations

The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.

Impact Of Successful Challenges To SEC's Rulemaking Ability

In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.

5 Transition Tools Trump Could Use To Implement His Agenda

President-elect Donald Trump will have several tools available to him to halt or otherwise claw back federal regulations promulgated during the Biden administration, including reconciliation, executive orders and memoranda, say attorneys at Gibson Dunn.

When Judging Product Label Claims, Follow The Asterisk

A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.

Justices Seem Focused On NEPA's Limits In Utah Rail Case

After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.

Fed. Circ. Patent Decisions In 2024: An Empirical Review

Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.